No. _____________________ 

In the Supreme Court of Texas 

In re Gearbox Software LLC, 

 Relator. 

Relator’s Emergency Motion for 

Stay of Discovery Deadline 

(Deadline: Tuesday, November 3, 2015)

Michael E. Schonberg 

State Bar No. 00784927 

J. Michael Heinlen 

State Bar No. 24032287 

Richard B. Phillips, Jr. 

State Bar No. 24032833 

Thompson & Knight llp 

1722 Routh Street, Suite 1500 

Dallas, Texas 75201 

Phone: (214) 969-1700 

Counsel for Relator 

Gearbox Software LLC 

FILED

15-0836

11/2/2015 10:46:28 AM

tex-7633687

SUPREME COURT OF TEXAS

BLAKE A. HAWTHORNE, CLERK

15-0836
-1- 

To The Honorable Supreme Court of Texas: 

1. Under Texas Rule of Appellate Procedure 52.10, Relator Gearbox 

Software, LLC respectfully requests that this Court stay the discovery order 

document production deadline set by the trial court in the underlying case, 

pending resolution of Gearbox’s Petition for a Writ of Mandamus, which 

was filed on November 2, 2015. 

2. In its mandamus petition, non-party Gearbox seeks mandamus review 

of an order entered by the trial court in the underlying case requiring 

Gearbox to produce all documents sought in a third-party subpoena served 

by Real Party in Interest Meghan Martel. The order requires non-party 

Gearbox to produce confidential trade secret financial documents and 

records. (See App. Tabs B, J.) The uncontroverted evidence in the trial court 

establishes that the documents sought by Mrs. Martel are trade secrets. (See 

Mandamus Petition at 6-8.) 

3. Gearbox argues that it should not have to produce the documents 

because they are trade secrets and because Mrs. Martel has not carried her 

burden to show that the documents are necessary for a fair adjudication of 

her case. (See id. at 9-17.) 
-2- 

4. The trial court’s order requires Gearbox to produce the documents by 

November 3, 2015 (seven days after the order was signed). (App. Tab J.) 

5. Because of the short time between the entry of the order and the 

deadline for production and the imminent harm faced by Gearbox, Gearbox 

has not sought a stay of the deadline from the trial court. 

6. Gearbox seeks a stay because if Gearbox is required to produce the 

disputed documents while its mandamus proceeding is pending, the status 

quo will be altered and this Court’s ability to grant effective relief will be 

hampered. If the documents are produced to Mrs. Martel, Gearbox will lose 

the protections of the trade-secret privilege that it seeks to preserve through 

its mandamus petition. 

7. There is currently no trial setting or scheduling order in place in the 

underlying action so there is no prejudice to Mrs. Martel resulting from a 

short stay of the production order. 

8. Therefore, the trial court’s order should be stayed until this Court 

disposes of the mandamus petition. 

9. Counsel for Gearbox has discussed this motion with counsel for Mrs. 

Martel by phone. See Tex. R. App. P. 51.10(a). Counsel for Mrs. Martel 

indicated that Mrs. Martel is opposed to the requested stay. 
-3- 

10.No bond is necessary if the Court grants the requested stay. The only 

effect will be to stay production of documents during the pendency of this 

mandamus proceeding. 

Wherefore, Relator Gearbox Software LLC respectfully requests that 

this Court stay enforcement of the trial court’s October 27, 2015 order until 

this Court disposes of Gearbox’s mandamus petition. Gearbox further 

requests general relief. 

Respectfully submitted, 

 

By: /s/Richard B. Phillips, Jr. 

Michael E. Schonberg 

 State Bar No. 00784927 

J. Michael Heinlen 

 State Bar No. 24032287 

Richard B. Phillips, Jr. 

 State Bar No. 2403833 

THOMPSON & KNIGHT LLP

1722 Routh Street, Suite 1500 

Dallas, Texas 75201 

Phone: (214) 969-1700 

Fax: (214) 969-1751 

michael.schonberg@tklaw.com 

michael.heinlen@tklaw.com 

rich.phillips@tklaw.com 

Counsel for Relator 

Gearbox Software LLC

 
-4- 

Certificate of Conference 

On November 2, 2015, I discussed this motion with Clint Westhoff, 

counsel for Real Party in Interest Meghan Martel. Mr. Westhoff indicated 

that Mrs. Martel will oppose the request for a stay. 

 /s/ Richard B. Phillips, Jr. 

Richard B. Phillips, Jr. 

Certificate of Service 

On November 2, 2015, this emergency motion for stay was served on 

counsel for the Real Parties in Interest by electronic service. 

 /s/ Richard B. Phillips, Jr. 

Richard B. Phillips, Jr.